The Price Of Loyalty
by J. B. Tilton
Summary: A visit to the Enterprise by a Star Fleet admiral causes problems for Archer and the rest of the crew when the admiral relieves Malcolm of duty and announces he is to be court martialed for treason and aiding the enemy.
1. Chapter 1

J. B. Tilton/Page 6

ENTERPRISE

"The Price Of Loyalty"

By J. B. Tilton

Email: K

Disclaimer: "Star Trek", "Enterprise", and all related characters and events are the sole property of Paramount Pictures, Inc., except for those specifically created by me for this story. This is fan fiction and no infringement of copyright is intended.

A visit to the Enterprise by a Star Fleet admiral causes problems for Archer and the rest of the crew when the admiral relieves Malcolm of duty and announces he is to be court martialed for treason and aiding the enemy.

ONE

The Enterprise dropped from warp and came to a full stop in space. It had taken the ship four days at warp four point five to reach this destination. Waiting in space just several hundred yards away was another Star Fleet vessel. Archer came out of his ready room as the other ship hailed them.

"On screen," ordered Archer.

The visage of a man wearing a Star Fleet uniform and the rank of admiral appeared.

"Captain Archer," said the admiral, "I'm Admiral De Haan. Prepare to receive my shuttle. Have your senior staff assembled immediately upon my arrival."

"Yes, sir," said Archer. "I'll take care of it immediately. Sir, can you tell me what this is about? I just suddenly received orders to drop everything and proceed to these coordinates. But no explanation was given."

"When I arrive, Captain," said De Haan.

The view screen went blank.

"Now that's damned odd," said Trip. "Usually they give some indication of what's going on."

"I'm sure we'll find out when he gets here," said Archer. "Probably just some inspection. We haven't had any formal inspections since we launched. They probably just want to see how things are holding up.

'Okay, everyone, you heard the orders. Arrange for someone to relieve you and report to the conference room in ten minutes. Trip, I want you to meet the admiral's shuttle personally. Whatever's going on, let's give him our best impression."

"On my way, sir," said Trip.

Fifteen minutes later Trip escorted Admiral De Haan and a commander to the conference room. Archer glanced at Trip for any sign the admiral has said anything. Trip just shook his head "no".

"Admiral, De Haan, welcome aboard the Enterprise," said Archer.

"Thank you, Captain," said De Haan. "Please, everyone sit down. We'll dispense with the normal pleasantries for now. I'm very familiar with your entire crew. This is Commander Walter Jacobs of the Judge Advocates Office."

"Yes, sir," said Archer. "Welcome aboard, Commander."

"Thank you, Captain," said Jacobs. "I feel honored to be aboard the Enterprise. She's quite a ship."

"Admiral, what is this about?" asked Archer. "As I said, we've been given no explanation. Just to come here as quickly as possible."

"For those of you who aren't familiar with me," said De Haan, "I am the Assistant Head of Security for Star Fleet Command. My visit here is not social. Nor is this an inspection, as I'm sure you may have theorized. This is an official investigation and the entire crew is ordered to cooperate fully."

"Investigation, sir?" questioned Archer. "Why would Star Fleet security be investigating the Enterprise?"

"Not the Enterprise, Captain," said De Haan. "This is an investigation into an incident that happened some years ago and involves a member of your crew."

"I see, sir," said Archer. "Which member of the crew is it, sir?"

"The incident happened about five years ago on the Earth ship, Polaris," said De Haan.

"The Polaris?" questioned Malcolm suddenly.

"I see you remember it, Lieutenant," said De Haan. "Then you must also be aware of the incident to which I'm referring."

"Yes, sir, I believe I am," said Malcolm.

"Just a moment, Admiral," said Archer. "You said this is an investigation. Since a member of the Judge Advocate Generals' staff is here, am I correct in assuming this is a criminal investigation?"

"Yes, Captain, you would be correct," said De Haan. "Commander, would you care to inform Captain Archer and his crew about the specifics of this investigation?"

"Certainly, Admiral," said Jacobs. "Lieutenant Malcolm Reed is suspected of collaboration with an enemy of Earth. He is also suspected of aiding and abetting the enemy and treason. Admiral De Haan and I are here to see what formal charges are to be brought against the Lieutenant."

"With all due respect, Admiral," said Archer, "I'm ordering Lieutenant Reed not to answer any questions until he's had a chance to get council. If this is a formal investigation, he has specific rights under the United Earth Charter and Star Fleet Regulations. As his commanding officer, it's my duty to make sure that he's afforded every one of those rights."

"Quite right, Captain," said De Haan. "I'll give him until fourteen hundred hours to choose his advocate. Until then, Lieutenant Reed is relieved of all duties and confined to quarters. The Article Seventy One hearing will convene at fourteen hundred hours in the conference room.

"Lieutenant, you may choose anyone you wish as your advocate. You will be advised of your rights before any formal questioning begins. I suggest you consider your choice of advocates very carefully. The fate of your Star Fleet career and the rest of your life may well rest in how well you are defended. The hearing will convene at fourteen hundred. Everyone is dismissed."


	2. Chapter 2

J. B. Tilton/Page 5

TWO

"Admiral," said Archer after everyone else had left the room, "I've known Malcolm for a year now. He's a member of my crew and a good officer. I can't believe he'd do something like you've described. Exactly what is it he's supposed to have done?"

"Five years ago," said De Haan, "then Ensign Reed was assigned to the Polaris. Its mission was very simple. Track down and locate the base of a race of marauders who were systematically attacking Earth ships. The captain of the Polaris, Jeremy Humphreys, eventually located the base.

"It was a small, not very well secured asteroid in the Collina system. Captain Humphreys realized a strategically orchestrated assault on the base could put it out of commission. He contacted Star Fleet Command and received permission to proceed."

"I never heard any of this before," said Archer.

"It was all classified," said De Haan. "It has just recently been declassified. Captain Humphreys assembled his strike teams and took out the base. After they were finished, he set course for Earth. On the way back, the Polaris ran into about a dozen marauder fighters returning to the base. A fight ensued and the Polaris was destroyed."

"What has this to do with Malcolm?" asked Archer.

"During the battle," continued De Haan, "a transmission was sent to the marauders. It contained precise information regarding the damage to the Polaris and let the marauders know where to concentrate their attacks. Because of that transmission, more than half the crew of the Polaris was killed. Some of the crew was able to escape in escape pods. Ensign Reed was one of them."

"So, you think Malcolm sent that transmission?" asked Archer.

"The computer system on the Polaris was fried during the battle," said De Haan. ""A couple of years ago a transport freighter discovered the back up data recorder of the Polaris floating in space. It was returned to Star Fleet Command. Recent advancements in computer technology have allowed us to retrieve the information previously irretrievable. We've thoroughly analyzed the information on the data recorder. It clearly shows that Ensign Reeds' security code was used to send the transmission."

"There has to be some mistake, sir," said Archer.

"I wish there were, Captain," said De Haan. "I'm not out to crucify Lieutenant Reed. I'm just to here to get at the truth. But the evidence is undeniable. I've had it downloaded to the Enterprises' computers so you can take a look at it."

"I'll have my science officer take a look at it immediately," said Archer.

"A Vulcan, I understand," said De Haan. "Sub-Commander T'Pol, isn't it?"

"Yes, sir," said Archer. "She's very efficient."

"No doubt," said De Haan. "I would expect nothing less from a Vulcan. There's a lot of extraneous information she'll have to sift through. And there's still a lot of it we haven't been able to retrieve, but she should be able to sort out the pertinent data."

"Thank you, sir," said Archer. "I'm sure there's some reasonable explanation for all this."

"That's why we're having a hearing instead of going straight to court martial," said De Haan. "Some of the command wanted to return Lieutenant Reed for immediate court martial. It was finally decided to give the Lieutenant a chance to explain what happened. But I can't think of any reason why he would transmit that type of information to the enemy during combat. I'm afraid it doesn't look good for him, Captain."

"I know, sir," said Archer. "With your permission, I'd like to be his advocate."

"That's up to him, Captain," said De Haan. "Those rights you were so quick to point out that Lieutenant Reed has say it's his choice who his advocate is. But I don't have an objection to it. I'm sure Commander Jacobs won't have an objection, either. We're both familiar with your reputation about being so protective of your crew. I don't think Lieutenant Reed could have a better advocate."

"Thank you, sir," said Archer. "I guess I'd better go talk to Malcolm and find out what he has to say."

"I think that is a good idea, Captain," said De Haan.


	3. Chapter 3

J. B. Tilton/Page 4

THREE

"How's it going?" Archer asked Malcolm in his quarters.

"All right, sir," said Malcolm. "I'm sorry to have to put you through this."

"Seems to me you're the one going through this," said Archer. "I've talked to Admiral De Haan about what this is all about. If it's okay with you, he's agreed to allow me to be your advocate."

"Yes, sir," said Malcolm. "Thank you, sir. I appreciate it."

"You do know what this is all about, don't you?" asked Archer.

"I believe I do, sir," said Malcolm. "I've lived with it for five years. I thought it might finally be behind me."

"Tell me what happened," said Archer.

"I was assigned to the Polaris as the assistant tactical officer," said Malcolm. "We were ordered to locate the base of some Tesseract marauders."

"I know all about that," said Archer. "Tell me about the battle afterwards."

"We were returning to Earth," said Malcolm. "Suddenly, we encountered eleven Tesseract fighters returning to their base. Captain Humphreys ordered us to engage them.

"During the battle we sustained heavy damage. But we were managing to best the fighters. Their sensors weren't as sophisticated as ours were. They had no way of knowing just how badly we were damaged."

"But you lost the battle?" asked Archer.

"No, sir, we didn't," said Malcolm. "We took out all of the fighters. But we were so badly damaged, Captain Humphreys ordered us to abandon ship. A distress call was sent to Earth. We were picked up about six weeks later by a rescue ship."

"What about Captain Humphreys?" asked Archer.

"He stayed with the ship," said Malcolm. "Tradition and all that. The warp core must have breached. Before even half of the crew had ejected in the escape pods, the ship exploded."

"Sounds like he was quite an officer," said Archer.

"He was, sir," said Malcolm. "He sponsored me to the academy. He even helped me with some classes I was having trouble with. If it weren't for him, I wouldn't be a Star Fleet officer today. He was almost like a second father to me."

"I can understand that," said Archer. "I know you, Malcolm. If you admired him, he had to be quite a man."

"Yes, sir," said Malcolm. "As I said, I owed him everything."

"T'Pol's going over the records recovered from the Polaris," said Archer. "According to Admiral De Haan, a transmission containing vital tactical information on the Polaris was sent to the enemy fighters. Information they were able to use to their advantage."

"As I said, sir," said Malcolm, "their sensors weren't as sophisticated as ours. The hull polarization generator was damaged. Half of our torpedo launchers were out. Life support was failing all over the ship.

"Most of the bridge crew had been killed. Lieutenant Stephens, the Polaris' tactical officer, was unconscious. I immediately took over. Even as badly damaged as the ship was, we were still able to destroy the last fighter. But by then it was too late to save the Polaris."

"I'm sure T'Pol will find that you didn't send that transmission," said Archer. "You're no traitor, Malcolm. Someone else must have sent it. Or maybe the information wasn't retrieved properly. You know T'Pol will get it correct."

"No one else sent the transmission, sir," said Malcolm, looking at the floor guiltily. "And there was no mistake in retrieving the information. I sent that transmission. That's why my security code is embedded in it."

"What?" asked Archer in total surprise. "Why, Malcolm?"

"I can't answer that, sir," said Malcolm.

"Malcolm, I don't think you understand how serious this is," said Archer.

"Yes, sir, I do," said Malcolm. "But the charges against me are true, sir. I have no defense. I sent the transmission. I'm guilty, sir."

Archer could do nothing but stare at Malcolm in total shock.


	4. Chapter 4

J. B. Tilton/Page 6

FOUR

Archer and De Haan were in Archers' ready room when T'Pol entered. She handed a computer disk to Archer.

"The information you requested, Captain," she said. "You will find it is as the Admiral described. There is no mistake."

"Thank you, T'Pol," said Archer.

"How do you like serving on a human ship, Sub-Commander?" asked De Haan.

"My feelings are irrelevant, Admiral," said T'Pol. "However, I find it a stimulating challenge."

"I have no doubt," said De Haan.

"Admiral," said T'Pol, "I have noticed a great deal of information which has not been retrieved from the records of the Polaris."

"That's correct, Sub-Commander," said De Haan. "Reconstructing the garbled information is a slow and tedious process."

"As I am aware," said T'Pol. "With your permission, perhaps I could attempt to reconstruct some of that information. I do have some expertise in this area. And there are some Vulcan techniques of which Earth science may not be aware."

"It is classified information, Sub-Commander," said De Haan.

"I believe my security clearance is sufficient to meet that criteria, sir," said T'Pol.

"Well," said De Haan thoughtfully, "I suppose it can't hurt to try. With the understanding that any information you retrieve will be provided only to Captain Archer or myself. No one else, including the Vulcan High Command, is to know about it without my express permission."

"Understood, Admiral," said De Haan.

T'Pol left the ready room.

"Can she be trusted?" De Haan asked Archer.

"Yes, sir, she can," said Archer. "Six months ago I might not have been so sure. But today I have no doubt about her loyalties."

"So, John," said De Haan, "what's it like having a Vulcan in your crew?"

"Not what I expected, sir," said Archer. "As T'Pol said, it's a stimulating challenge."

"I can imagine," said De Haan. "I must say I was very surprised when I heard you had allowed her to join your crew. Your feelings toward the Vulcans isn't exactly a state secret."

"She's definitely different from most Vulcans," said Archer. "In some ways she can be almost human."

"I doubt you'd say that to her face," said De Haan, smiling.

"Oh, no," said Archer. "She'd take that as an insult. But she's the best science officer I've ever served with."

"Vulcans are notorious overachievers," said De Haan. "I think it's a requirement to be truly Vulcan."

"You just might be right about that," said Archer.

"I'm not sure I could do it," said De Haan. "Working day in and day out with a Vulcan, I mean. I can get so infuriated just dealing with the ones I have to deal with when I have to."

"Well, I can certainly relate to that, Admiral," said Archer. "But as you're aware, things are a bit different aboard a ship. It's not unlike an extended family."

'Yes, I'm well aware of that, John," said De Haan. "Sometimes I miss commanding a ship. Not as many politics as there are at Star Fleet Headquarters."

"The price you pay for being an admiral, sir," said Archer.

"I suppose so," said De Haan. "Speaking of which, it's nearly fourteen hundred. I guess we should be getting back to the hearing."

"Yes, sir," said Archer. "I think I'll talk to Malcolm one last time before we do."

"That's a good idea," said De Haan. "This is going to be trying on all of us, not the least of which on him."


	5. Chapter 5

J. B. Tilton/Page 8

FIVE

"This hearing will come to order," said De Haan. "Commander Jacobs, you may begin."

"Thank you, sir," said Jacobs. "Lieutenant Malcolm Reed, have you been advised of your rights pertaining to this matter?"

"I have, sir," said Malcolm.

"You are aware that you aren't required to answer any questions?" asked Jacobs. "And that you cannot be compelled to provide any evidence against you?"

"I am, sir," said Malcolm.

"Very well," said Jacobs. "I wish to make it clear that this is not a court martial. It is a hearing to determine if a court martial is necessary. Lieutenant Reed, have you been advised of and do you understand the nature of the charges and allegations brought against you?"

"Yes, sir," said Malcolm.

"Sir," said Archer, "Captain Jonathon Archer acting as the advocate for the defense. I wish it stated for the record that I have advised Lieutenant Reed not to answer certain questions that I believe the prosecution is likely to pose to the defendant. In response to those questions, I have advised Lieutenant Reed to invoke his Article Forty Six rights against self-incrimination."

"It is so noted," responded De Haan. "Commander, please continue."

"Thank you, sir," said Jacobs. "Lieutenant, it is alleged that on star date ? you were assigned to the Earth ship Polaris as the assistant tactical officer. Is that correct?"

"It is, sir," said Malcolm.

"It is also alleged," continued Jacobs, "that on that date, the Polaris engaged eleven Tesseract marauders. Is that correct?"

"It is, sir," said Malcolm.

"According to the charges brought by the head of Star Fleet security," said Jacobs, "it is alleged that during the battle, you sent a transmission to the enemy fighters. This transmission contained crucial tactical information on the condition of the Polaris. And that this information resulted in the destruction of the Polaris, the death of her captain, and the deaths of forty seven crewmembers."

"I am aware of that, sir," responded Malcolm.

"Lieutenant," said Jacobs, "did you send that transmission?"

"Yes, sir, I did," responded Malcolm.

"Admiral," said Archer, jumping to his feet, "for the record, I wish it stated that Lieutenant Reed has answered that question against the advice of counsel."

"So noted," said De Haan.

"Lieutenant," continued Jacobs, "what explanation can you give to this authority for such an action during combat?"

"I can't answer that, sir," said Malcolm.

"Do you understand the question, Lieutenant?" asked Jacobs.

"Yes, sir, I do," said Malcolm. "I cannot answer the question, sir."

"Can't or won't?" asked Jacobs.

"With all due respect, sir," said Malcolm, "the result is the same. I do not see that it makes a difference either way."

"Lieutenant," interjected De Haan, "can you offer any mitigating evidence in your defense?"

"No, sir, I cannot," said Malcolm.

"Admiral," said Jacobs, "at this time the prosecution submits that all criteria have been met in this matter. In light of Lieutenant Reed's willing confession in this matter, I move for an immediate finding in favor of the prosecution and that an order for a general court martial be entered in this matter."

"With all due respect to the Commander," said Archer, "I believe it is customary for the defense to be allowed to present its' case."

"Objection sustained," said De Haan. "Commander, I realize this appears to be an open and shut case from your point of view. However, in the interest of justice, the defense must be allowed to present its' case."

"Thank you, sir," said Archer. "Lieutenant Reed, is it fair to say that things were a bit hectic during the battle?"

"You've been in combat, sir," said Malcolm. "Things are always hectic."

"So," said Archer, "is it possible that the transmission was sent by accident?"

"No, sir," said Malcolm.

"You said things were hectic," said Archer. "Surely it's possible that you might have sent the transmission without realizing at the moment that you were doing it."

"No, sir," said Malcolm. "I knew what I was doing. There was no mistake."

"I see," said Archer, becoming frustrated. "Perhaps you became confused. Sent the message thinking you might get aid from any nearby friendly ships."

"There were no ships nearby, sir," said Malcolm. "At least none that could have arrived in time to provide us assistance."

"Lieutenant," said De Haan, "aren't you going to offer any defense? Mental duress, heat of the battle, anything that might provide some form of defense?"

"No, sir," said Malcolm. "It wouldn't be the truth, sir. I knew what I was doing when I did it."

"Captain Archer," said De Haan, "does the advocate for the defense have ANYTHING to add on the defendant's behalf?"

"Just Lieutenant Reed's outstanding record, sir," said Archer. "Lieutenant Reed has refused to discuss the incident even with me. I would submit that he is under some form of extreme mental duress regarding this matter and ask the courts indulgence."

"Do you have a qualified medical opinion to substantiate your claim?" asked De Haan.

"No, sir, I don't," said Archer dejectedly.

"Very well," said De Haan. "This hearing is in recess while I consider my decision. Don't go anywhere. This isn't going to take long."


	6. Chapter 6

J. B. Tilton/Page 7

SIX

"Cap'n, you have to do something," said Trip as Malcolm's friends gathered around.

"I can't," said Archer, looking at Malcolm. "He won't tell me anything. I have no way to defend him."

"Malcolm, what are you doing?" Trip demanded. "Tell the admiral what happened. I know you. If you did this, you had a damn good reason."

"Please, Trip, don't ask," said Malcolm. "There's nothing more I can say."

"I don't understand, Lieutenant," said Travis. "If there's a reason you did this, why not just tell everyone what it is?"

Malcolm didn't say a word. He just continued to stare down at the table. Archer could tell he was hiding something. His refusal to give any explanation for his actions proved that. But Archer could no more figure out what it was than he could get Malcolm to talk.

"Where's T'Pol?" insisted a frustrated Trip. "You'd think she'd want to be here for this."

"She's working on something," said Archer. "Unfortunately, I don't think it's going to help."

"Isn't there anything you can do, sir?" asked Hoshi. "We all know Lieutenant Reed is no traitor. There must be something you can do."

"I'm afraid not," said Archer. "Unless Malcolm will help himself there isn't a whole lot I can do. He's tying my hands."

Admiral De Haan returned to the room a few minutes later. Everyone took their seat to hear his decision. It was obvious, however, that the decision was a foregone conclusion.

"This has been both one of the hardest and easiest decisions for me to make," said De Haan. "Lieutenant Reed's record is exemplary. Every evaluation he has ever received says the same thing. An intelligent, gifted officer. Liked and admired by those in command as well as the rest of his crewmates. Every commander, including your current commander, seems to feel you will make a good officer one day.

"I agree with these evaluations. Which is why my decision has been so hard. It pains me to see such a promising career cut short. Especially in light of the fact that you seem unwilling to even mount a defense for your actions.

"Having said that, this has been one of the easiest decisions for me to make because there really is no decision to make. Lieutenant Reed has admitted, under oath, that he did commit the offense with which he is charged. Since he refuses to offer ANY explanation for his actions, I have no choice in this matter.

"I find there to be sufficient evidence to order that Lieutenant Malcolm Reed be held pending a general court martial. Lieutenant Reed is hereby ordered relieved of all duties and is to be held under armed guard in the brig.

"Captain Archer, you will immediately set course for Earth. Once there, you will transfer custody of the prison to the appropriate authorities who will convene the court martial. I will make arrangements for the Enterprise to remain in orbit around Earth so that those who desire may attend the trial."

"Aye, sir," responded Archer.

"It is the recommendation of this hearing," continued De Haan, "that the following specific charges be brought against Lieutenant Reed. Providing aid and assistance to the enemy in a combat zone. Providing crucial classified and sensitive military information to the enemy during combat. Willful destruction of Star Fleet proper, to wit, the ship, Polaris. And finally the willful and premeditated murder of forty eight Star Fleet officers and crewmen."

Malcolm showed no emotion while De Haan was speaking. He seemed resigned to his fate. Suddenly, T'Pol entered the room.

"Please excuse the interruption, Admiral," she said. "May I have a moment with Captain Archer?"

"Is it related to this hearing, Sub-Commander?" asked De Haan.

"It is, sir," responded T'Pol.

"Two minutes, Captain," said De Haan.

T'Pol and Archer spoke in hushed tones. No one could hear what they were saying. But Archers' face lit up like a Christmas tree.

"Sir," said Archer finally, "the defense requests a short recess to evaluate new evidence that has just come to light. Evidence I believe may have a direct bearing on this hearing."

"Commander Jacobs, does the prosecution have any objections?" asked De Haan.

"No, sir," said Jacobs. "I believe the purpose of this hearing is to get to the truth. If it will further that end, I have no objections."

"Thirty minutes, Captain?" asked De Haan.

"That should be sufficient, sir," said Archer.

"We are in recess for thirty minutes," said De Haan.


	7. Chapter 7

J. B. Tilton/Page 7

SEVEN

Archer turned off the recorder. Malcolm didn't look up. He simply stared straight ahead.

"Why didn't you tell us, Malcolm?" asked Archer.

"It wouldn't make any difference, sir," said Malcolm. "It doesn't change a thing."

"It changes everything," insisted Archer. "This is a mitigating circumstance. It gets you off the hook."

"You can't play that, sir," pleaded Malcolm. "I DID send that transmission. I've already admitted that."

"Malcolm, there's no reason to do this," said Archer. "I think I know what really happened. But I need you to tell the admiral. It's the only way to get you off."

"I won't do that, sir," said Malcolm. "Nothing you say can change my mind."

"Malcolm," began Archer.

"Lieutenant," said T'Pol, "I do not understand your actions. You are clearly not to blame in this matter. You did as you were required to do. As any Star Fleet officer would have. You followed your duty. There is no logical reason to pursue this course of action."

"I don't expect you to understand, Sub-Commander," said Malcolm. "It has to do with feelings and emotions. Things you consistently remind us you don't understand."

"I am aware of that," said T'Pol. "And I do not discount your feelings and emotions even though I may not understand them. Clearly, they hold great importance for you.

"Malcolm," said Archer, "I can't let you do this. Do you know the penalties if you're convicted?"

"Yes, sir," said Malcolm. "I'll be dishonorably discharged from the service."

"In all likelihood," said T'Pol, "you will also be sentenced to spend the rest of your life in a maximum security facility."

"I know," said Malcolm. "It doesn't change anything."

"Well, if you won't answer any questions," said Archer, "at least the recording should mitigate your actions. Admiral De Haan has already heard the recording and authorized me to present it as evidence."

"No, sir," insisted Malcolm. "I can't let you do that."

"Lieutenant," said Archer with every ounce of authority he possessed, "need I remind you that I am the advocate here? It's my decision what strategy for your defense to use. If you won't speak up for yourself, I don't have a choice."

"Lieutenant Reed," said T'Pol. "I did not know Captain Humphreys. But I did look up his service record. It is impressive. For a human."

"He was one-of-a-kind," said Malcolm.

"Would I be correct in assuming that you looked up to him and admired him?" asked T'Pol.

"Of course," said Malcolm. "As I told the captain, he was like a second father to me."

"Then I do not understand why you choose to dishonor his memory in this way," said T'Pol.

"What are you talking about?" demanded Malcolm. "I had nothing but the highest respect for Captain Humphreys. I'm doing this to honor his memory."

"Your actions would belie that statement," said T'Pol. "What I have read about Captain Humphreys tells me he was a very caring individual. His concern for his crew outweighed everything else."

"That's right," said Malcolm. "He often put his career on the line for one of his crew."

"Then don't you understand, Malcolm," said Archer. "T'Pol is right. What you're doing doesn't honor him. Throwing you life away doesn't do anyone honor. At least give yourself a chance."

"Lieutenant," said T'Pol, "do you believe you knew Captain Humphreys very well?"

"Of course," said Malcolm. "He was very open with his crew."

"I assume you valued his opinions and advice," said T'Pol.

"Yes, I did," said Malcolm. "He helped me out more times than I can remember."

"If he were here now," said T'Pol, "how would he advise you? What would be his opinion of your actions?"

Malcolm didn't speak. He stared at the table, thinking about what they had said.

"Captain Humphrey's record indicates he was unusually honest," said T'Pol. "And he insisted upon the same in his crew. In my opinion, I do not believe he would have approved of your actions. I believe he would have insisted that you answer the questions put to you honestly."

"Yes, he would have," said Malcolm.

"Then by doing what you're doing," said T'Pol, "you dishonor his memory. Regardless of the circumstances of the incident, failing to disclose the truth brings dishonor on the memory of this man you admired so much. And honor is something that Vulcans DO understand very well."

"Come on, Malcolm," said Archer. "You know what Captain Humphreys would say to you right now. Tell the truth. Let history make its own decision."

Malcolm didn't say anything for a few moments. He knew Archer and T'Pol were right. Reluctantly, he decided he had to take their advice. It was the only way to truly honor the memory of his mentor and friend.

"Okay, sir," said Malcolm finally. "I'll answer the questions."

"Thank you, Malcolm," said Archer. "Now, while we still have some time, tell me exactly what happened that day on the Polaris."


	8. Chapter 8

J. B. Tilton/Page 4

EIGHT

"Admiral," said Archer when the hearing had been reconvened, "I would like to enter into evidence a recording from the Polaris."

"Objection," said Commander Jacobs. "The decision has already been rendered. The defense can't just simply present new evidence now."

"Commander, this is a hearing," said De Haan, "not a trial. As you stated earlier, our objective is reaching the truth in this matter. You may play the recording, Captain."

Archer walked over to a small device on a table. He knew Jacobs had only objected because it was the appropriate thing to do. He was as curious about the recording as everyone else was. Archer turned on the recorder. A mans' voice resounded from the recording.

"Captains log, supplemental, Captain Gerrald Humphreys recording. Many of my crew have already abandoned ship on my orders. The escape pod ejector systems just shorted out and my chief engineer informs me that a core breach is imminent.

"I wish to state for the record that my crew has performed exemplary during this mission. I would especially like to record special recommendations for the following individuals. Lieutenant Commander Hank Morrow, my first officer, Lieutenants Bailey Michaels and Carroll Baker, and Ensigns Ericka Stubbings, Malcolm Reed, and Jasper Rawlings. These individuals went well beyond anything that could have been asked of them.

"I also want it understood that any actions of the Polaris or her crew is my sole responsibility. I take full and total responsibility for all of the actions performed by my crew. Every officer and crewman has performed their duties in the highest tradition of Star Fleet service. It has been my distinct honor and privilege to have served with all of them."

Archer walked over and shut the recording off. No one spoke for a moment. Finally, Commander Jacobs spoke up.

"Admiral," he said, "I fail to see where this recording has any relevance here. So Captain Humphreys assumed responsibility for the actions of his crew. As Captain Archer is well aware, all ships captains bear the same responsibility simply by virtue of being in command. But each crewman is also responsible, and accountable, for their own actions as well."

"Admiral," said Archer, "I believe Captain Humphreys meant something different when he took responsibility for the actions of his crew. Commander Jacobs is right. Every captain knows they are responsible for the actions of his crew. It would not have been necessary for Captain Humphreys to make such a deliberate statement. If you'll give me just a few more minutes, I believe I can show the relevance."

"That appears to be difficult, Captain," said De Haan. "The only one here who was present at the time is Lieutenant Reed. And so far he has refused to answer any pertinent questions regarding it. Unless the Lieutenant has reconsidered answering such questions."

"I have, sir," said Malcolm.

"Very well," said De Haan. "You are still under oath, Lieutenant."

"Understood, sir," said Malcolm.

"Malcolm," said Archer, "you heard the recording. Was that Captain Humphreys?

"Yes, sir," said Malcolm. "I recognized his voice."

"He was a good commander, wasn't he?" asked Archer.

"Yes, sir," said Malcolm, "he was."

"Malcolm, you've been less than candid in this matter, isn't that true?" asked Archer.

"I suppose that would depend on your point of view, sir," said Malcolm. "If you're asking if I lied, no sir, I haven't. Every answer I've given has been the truth."

"But only part of the truth, right?" asked Archer.

"Yes, sir," said Malcolm.

"You did send that transmission, didn't you?" asked Archer.

"I've never denied that, sir," said Malcolm. "Yes, I did send that transmission."

"Why?" asked Archer. "Why would you do something like that?"

Malcolm looked around the room and took a deep breath before he answered.

"I sent the transmission," he said finally, "because Captain Humphreys ordered me to."


	9. Chapter 9

J. B. Tilton/Page 6

NINE

"Lieutenant," said De Haan, "did I understand you correctly? Did you say Captain Humphreys ordered you to provide critical information about his own ship to an enemy in combat?"

"Yes, sir," said Malcolm. "You understand correctly."

"You may continue, Captain," said De Haan.

"Thank you, Admiral," said Archer. "Malcolm, tell us what happened."

"We had taken out the marauder base," said Malcolm, "and were on our way back to Earth. Suddenly we encountered eleven Tesseract fighters. Captain Humphreys ordered us to engage them.

"We had taken out about half of them but we were taking heavy damage. Most of the bridge crew was already dead. Lieutenant Stephens, my immediate supervisor, was unconscious so I took over. Captain Humphreys decided to use a ploy to draw the remaining enemy fighters into range."

"The transmission," said Archer.

"Yes, sir," said Malcolm. "I modulated the frequency of the radio to make it appear it was an accidental transmission. Then, when Captain Humphreys gave the order, I sent the transmission. It was meant to make us appear worse off than we really were. To draw them in so we could get clear shots at them."

"Did it work?" asked Archer.

"Yes, sir," said Malcolm. "Just as Captain Humphreys guessed, the enemy fighters began to converge on what they perceived as a weakness. When they were in position, it wasn't hard to finish them off."

"But it had cost you," said Archer.

"Yes," said Malcolm. "Captain Humphreys hadn't taken into account the damage so many attacks on one area of the ship would do. The marauders hit us with everything they had. By the time we had finished them off, it was too late. It was a tactical gamble. Captain Humphreys decided to take it."

"So you didn't provide aid to the enemy, did you, Malcolm?" asked Archer.

"Not really, sir," said Malcolm. "The damage relayed in the transmission was all fictitious. Captain Humphreys used it as a ploy to draw out the enemy. Because he did, twenty-nine crewmen, including myself, were able to return home to their families."

"Thank you, Malcolm," said Archer. "Admiral, the defense has nothing else."

"Commander," said De Haan, "do you have any questions for the defendant?"

Jacobs thought for a moment, and then finally spoke.

"No, sir," said Jacobs. "I have no questions at this time."

"Well," said De Haan, " this certainly sheds a new light on the matter. Based on this new evidence, my previous ruling is temporarily suspended while I consider this new evidence. I'll render my final decision at zero nine hundred tomorrow morning. We are adjourned."

"What do you think, sir?" asked Trip as the admiral left the room. "Do you think what Malcolm said will have any affect on the admiral's decision?"

"I can't say," said Archer. "What Captain Humphreys did was tactically very risky. According to his testimony, Malcolm was simply following the orders of his commanding officer. But that isn't necessarily a defense. We'll just have to wait to see what the admiral decides."

"Good luck, Lieutenant," said Commander Jacobs, walking over to the group.

"Thank you, Commander," said Malcolm.

"I was surprised when you didn't cross examine Malcolm," said Archer.

"Well," said Jacobs, "as the admiral told you, no one is out to crucify Lieutenant Reed. We're just after the truth. I served with Captain Humphreys once. That was the exact type of tactic he would have tried. I don't believe the Lieutenant was lying. There wasn't any sense in pressing it."

"Thank you, Commander," said Malcolm. "I appreciate it."

"This wasn't personal, Lieutenant," said Jacobs. "I was simply doing my job. Just as Captain Archer was doing his job defending you."

"All the same I appreciate it," said Malcolm.

"Let's wait until tomorrow," said Jacobs. "Admiral De Haan hasn't made his decision yet."


	10. Chapter 10

J. B. Tilton/Page 4

TEN

"Lieutenant Reed," said De Haan, once the hearing had resumed the next morning, "in essence, your defense is 'I was only following orders'. In combat, it is important, even vital, for a soldier to obey the orders of his superiors.

"But that cry, 'I was only following orders', has been used to try to rationalize or justify many terrible actions by soldiers in combat. To absolve them of any blame for any atrocities they committed and pass the blame on to higher authorities. Especially when those authorities are no longer around to respond. And the greater the atrocities, it seems the louder someone proclaims they have no responsibility for them. That they were simply following orders.

"As Star Fleet officers, we are expected to not only obey our orders, but also to recognize when those orders are aberrant or unlawful or immoral. This may not always be easy to do, especially in combat. When we may have only a split second to make a decision.

"Where lives are involved, it is doubly important that we make this distinction. And where deaths are involved, it is just as important that any of those responsible, if any, are held accountable for those deaths.

"The incident in question here took the lives of forty eight Star Fleet crew and officers. Lieutenant Reed says he was simply following orders when he sent the transmission. Orders from his commanding officer, Captain Humphreys. I see no reason to dispute that assertion.

"The question then becomes whether obeying that order constituted a criminal act. Star Fleet personnel are not taught to just blindly obey orders. Every person in Star Fleet is ultimately responsible for their own actions, orders not withstanding. Obeying an order that someone knows to be wrong or illegal does not absolve that individual of responsibility simply because they were ordered to do it by a person of superior rank.

"Lieutenant Reed, Captain Humphreys ordered you to do something that had the potential of taking human life. Not an unusual occurrence in combat, granted. But because of the nature of this particular order, was it something you should have refused to do? Did this order needlessly put the lives of these people at risk?

"When I look at all the evidence, and consider all the testimony, my response has to be no to those questions. While many people may not consider Captain Humphreys' decision tactically sound, it's very easy to sit here, after the fact, and second-guess the situation. Those of us who have been there know some times you do things that might appear to make no sense. But you do what you have to.

"Captain Humphreys took a tactical risk based on the circumstances of the situation at the moment. All of us here have done that at one time or another. His decision cost the lives of forty-eight of his crew. But it also allowed twenty-nine of that crew to return home.

"I can find no culpability in Lieutenant Reeds' actions that day. His actions were not only appropriate but were also proper. And resulted in saving twenty-nine of his fellow crewmates.

"Therefore, I am setting my previous decision in this matter aside. My recommendation to Star Fleet Command is that no charges be filed against Lieutenant Reed. And that a general court martial is not warranted in this case. Lieutenant Reed, you're released from custody and returned to duty, with Captain Archers' approval, of course."

"Absolutely," said Archer, smiling from ear to ear.

"Very well," said De Haan. "I declare this matter closed and this hearing adjourned."

All of Malcolm's friends gathered around to congratulate him on his victory.


	11. Chapter 11

J. B. Tilton/Page 4

**ELEVEN**

"I'm glad I was able to rule the way I did, Lieutenant," said De Haan as he prepared to depart the Enterprise. "You're a good officer."

"Thank you, sir," said Malcolm. "I'm rather pleased with the decision myself."

"No doubt," said De Haan. "There's something I don't understand, though. Why didn't you just tell us what happened at the beginning?"

"It's difficult to explain, sir," said Malcolm.

"I think I understand," said Archer. "Malcolm said it himself. He owed Captain Humphreys everything. He knew the decision to send the transmission could be controversial. Even a lot of experienced officers might not understand it."

"Loyalty to your captain?" questioned De Haan. "An admirable trait, Lieutenant. That's something I can understand. But to risk your career, even your life, over something that happened so long ago. That's an unusual level of loyalty even in Star Fleet officers."

"That's our Malcolm," said Archer. "We wouldn't have him any other way."

"I just couldn't let Captain Humphreys be remembered that way, sir," said Malcolm. "He was a good captain and a good friend. I couldn't let that one mistake ruin his reputation. It was the last thing he ever did. I was afraid people would remember only that one incident and forget all the good he did. I was the only one who could prevent that."

"He made a tactical error," said De Haan. "I wouldn't have done something like that. But as I said, it's easy for us to sit here years later and second-guess things. I won't fault Captain Humphreys for using all of his ingenuity to protect his crew."

"I don't think that one incident is likely to tarnish his reputation," said Archer. "He has an impressive record. And everyone makes mistakes."

"That they do, Captain," said De Haan. "Captain Humphreys was a good officer and a good captain. But he wasn't perfect. None of us are. Keep that in mind the next time you decide to risk everything for someone, Lieutenant."

"Yes, sir," said Malcolm. "I'll try to remember that in the future."

"Captain," said De Haan, "it was a pleasure to be aboard the Enterprise, even considering the circumstances. Perhaps next time there would be time for a tour."

"Any time, Admiral," said Archer. "It will be my pleasure."

Archer and Malcolm watched as Admiral De Haan boarded his shuttle and left for his ship to return to Earth.

"Captain," said Malcolm, "I hope you understand, sir. What I did is not a reflection on you. It was never a question of my loyalty to you."

"You're wrong, Malcolm," said Archer. "As your commanding officer, everything you do is a reflection on me. But you have nothing to apologize for. You stuck by your convictions even when it looked like you might spend the rest of your life in prison. I consider it a privilege to have you on my crew. I just hope that, one day, I might inspire that kind of loyalty."

"You already do, sir," said Malcolm.

"Yeah, well," said Archer, smiling, "I think you have some work to do. You've been slacking off for the past couple of days. Don't you think it's time you actually did some work instead of lounging around your quarters goofing off?"

"Yes, sir," said Malcolm, smiling. "I suppose I have been a bit negligent of late."

Archer just smiled as Malcolm headed to check on HIS weapons bays. Everyone could use improvement in some areas. It was just the nature of being human. But when it came to loyalty, Lieutenant Malcolm Reed definitely needed no improvement.

Heading for the bridge, Archer wondered what he would have done if he'd been in that situation.

**The End**


End file.
